Abuse Of Discretion (Standard Of Review)

12,337 Florida cases classified under this topic, plus 1,658 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Holland M. Ware Charitable Found. v. Tamez Pine Straw LLC
  343 So. 3d 1285· Fla. 1st DCA· 2022-08-10 ·cited 3×
  The appellate court reversed a trial court's order granting a temporary injunction. The court found that the party seeking the injunction failed to present sufficient competent, substantial evidence to meet the required legal elements for such relief, particularly regarding irrep
• Olsen v. Philip Morris USA, Inc.
  343 So. 3d 172· Fla. 3d DCA· 2022-07-27 ·cited 3×
  In this tobacco litigation case arising under the Engle progeny framework, Rosemary Olsen appealed a jury verdict in favor of Philip Morris USA, Inc. The jury found that decedent Harry Olsen's addiction to nicotine cigarettes was not a legal cause of his atherosclerotic coronary
• Roberts v. Anyzeila Diaz
  343 So. 3d 156· Fla. 3d DCA· 2022-07-20 ·cited 3×
  Gregory Roberts appealed a trial court order modifying the timesharing schedule in a family law dissolution case. The trial court rejected Roberts's proposed timesharing schedule and adopted his ex-wife Anyzeila Diaz's proposed schedule instead. The appellate court affirmed becau
• Darnel Duran Manuel v. State
  342 So. 3d 289· Fla. 1st DCA· 2022-06-22 ·cited 3×
• Adams v. Adams
  340 So. 3d 551· Fla. 2d DCA· 2022-06-10 ·cited 3×
  The appellate court reversed a final judgment of dissolution of marriage concerning alimony and attorney's fees. The court found the trial court's findings regarding the husband's net income, the wife's need for alimony, the consideration of undistributed pass-through income, the
• Clark Briggs, Jr. v. Briggs
  336 So. 3d 1286· Fla. 1st DCA· 2022-04-20 ·cited 3×
  The court denied a petition for rehearing, clarifying an inaccuracy in its prior opinion regarding omitted assets and liabilities in a final judgment of dissolution, and affirmed the denial of alimony and attorney's fees.
• Walsh v. Abate
  336 So. 3d 50· Fla. 4th DCA· 2022-03-23 ·cited 3×
  The appellate court affirmed the trial court's dismissal of a specific performance claim, finding that the email and text negotiations did not constitute a binding contract under the statute of frauds. The court also affirmed the dissolution of the lis pendens.
• Forte v. ALL Cnty. Towing Inc.
  336 So. 3d 316· Fla. 4th DCA· 2022-03-23 ·cited 3×
  The appellate court affirmed a prevailing party's entitlement to attorney's fees under Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) but reversed and remanded for an evidentiary hearing on the specific amount of fees. The court clarified that entitlement to fees is
• Guardianship of Len Sanders & the Guardian v. Chaplin
  334 So. 3d 723· Fla. 1st DCA· 2022-03-02 ·cited 3×·via Abuse Of Discretion Standard For Fee Awards
  This case addresses whether an attorney appointed to represent an alleged incapacitated person is entitled to fees and costs even if their services do not demonstrably "benefit" the ward. The appellate court affirmed the trial court's award, holding that the relevant statute does
• Itzhak BAK v. BAK
  332 So. 3d 1122· Fla. 4th DCA· 2022-01-19 ·cited 3×
  The appellate court reversed a lower court's decision denying a motion to dissolve a domestic violence injunction. The court found that the former husband demonstrated a sufficient change in circumstances, including the emancipation of the parties' children and evidence of no ong
• Catamaran B.Y., Inc. v. Deren Giordano
  337 So. 3d 439· Fla. 3d DCA· 2022-01-12 ·cited 3×
  A defendant is the prevailing party entitled to attorney's fees when a plaintiff voluntarily dismisses an action, even absent an adjudication on the merits, unless exceptions apply such as mootness or settlement. The proper test is whether the defendant in fact prevailed on the s
• State v. P.C.L.
  332 So. 3d 4· Fla. 4th DCA· 2022-01-05 ·cited 3×
  The State appealed a trial court's order denying restitution for property damage and lost income caused by a juvenile. The appellate court affirmed the denial for damage to a gate and loss of use of a vehicle, but reversed and remanded for further proceedings regarding restitutio
• Drew Schreiber v. Schreiber
  331 So. 3d 874· Fla. 5th DCA· 2021-12-29 ·cited 3×
  In this high-conflict divorce case, the Fifth District Court of Appeal reversed a trial court's award of $52,513.39 in attorneys' fees to the former wife, holding that the award lacked support by competent, substantial evidence and refusing to remand for a new hearing.
• Mignott v. Garfield Mignott
  337 So. 3d 408· Fla. 3d DCA· 2021-12-22 ·cited 3×
  When a petition for relocation with a minor child is contested, the trial court must make findings as to all statutory factors in section 61.13001(7) to support its determination that relocation is in the child's best interests; an order granting relocation without such findings
• Pflanz v. Charla Denise Pflanz
  332 So. 3d 1044· Fla. 1st DCA· 2021-12-15 ·cited 3×
  The appellate court reversed in part and affirmed in part a trial court's judgment in a dissolution of marriage case. The court found the trial court abused its discretion in distributing marital funds and awarding alimony based on anticipated expenses rather than actual need.
• Scott v. State
  330 So. 3d 562· Fla. 4th DCA· 2021-12-08 ·cited 3×
  The appellate court affirmed a conviction for second-degree murder but reversed an order of restitution. The court found sufficient evidence for the conviction, despite it being circumstantial, and upheld the admission of a saw found near the crime scene. However, the restitution
• Whittaker v. Whittaker
  331 So. 3d 719· Fla. 4th DCA· 2021-11-17 ·cited 3×
  A trial court must include all marital assets and liabilities in equitable distribution; alimony must be calculated based on net rather than gross income with clear findings; and attorney's fees awards cannot rely on sporadic family gifts without evidence of continuing future gif
• Schluck v. State
  329 So. 3d 231· Fla. 1st DCA· 2021-11-03 ·cited 3×
  The appellate court reversed a conviction for burglary and sexual battery, finding that the trial court improperly admitted a recording of the victim's statement to the police. The court held the statement was inadmissible hearsay because it did not qualify as an excited utteranc
• Armando Rodriguez - Olivera v. State
  328 So. 3d 1080· Fla. 2d DCA· 2021-10-13 ·cited 3×·via Abuse Of Discretion In Limiting Cross-Examination
  The appellate court reversed a defendant's convictions for sexual battery and lewd molestation, finding that his trial counsel provided ineffective assistance. The court determined that counsel's failure to object to prejudicial evidence, including references to uncharged crimes
• Rajeev Gupta v. Shaily Gupta
  45 Fla. L. Weekly D365· Fla. 5th DCA· 2021-09-30 ·cited 3×
  Rajeev Gupta appeals a final judgment of dissolution of marriage, challenging the court's awards of the marital home, income calculations, asset distribution, and attorney's fees. The Fifth District affirms most of the lower court's decision but reverses the imputation of in-kind
• State v. Piering
  326 So. 3d 711· Fla. 4th DCA· 2021-09-01 ·cited 3×
  The State may properly refile charges it has nolle prossed when the decision to nolle pros was motivated by the genuine absence of an indispensable witness and not by an improper purpose such as avoiding an adverse judicial ruling.
• Garcia v. Junior
  325 So. 3d 220· Fla. 3d DCA· 2021-07-14 ·cited 3×
  Alex Garcia, a 16-year-old with a learner's permit, was charged with four counts of DUI manslaughter after driving his mother's vehicle at excessive speeds and causing a fatal crash that killed four occupants of another vehicle. The trial court ordered pretrial detention, and Gar
• Kitchen Design Cabinets, Inc. v. Dionysia Bentley
  320 So. 3d 1013· Fla. 1st DCA· 2021-07-06 ·cited 3×
  The appellate court affirmed the trial court's order denying a motion to vacate a clerk's default. The court found that the appellant failed to demonstrate excusable neglect and that the trial court did not abuse its discretion in its factual findings.
• R.J. Reynolds Tobacco Co. & Philip Morris USA, Inc. v. Myron Kaplan
  321 So. 3d 267· Fla. 4th DCA· 2021-06-23 ·cited 3×
  R.J. Reynolds Tobacco Company and Philip Morris USA, Inc. appeal a judgment in favor of the estate of Sheila Kaplan in a tobacco products liability case. The appellate court affirms the judgment on all five issues raised, but issues a revised opinion to specifically address and c
• Digiacomo v. Odel Jorge Mosquera
  322 So. 3d 734· Fla. 3d DCA· 2021-06-16 ·cited 3×
  The trial court did not abuse its discretion in denying the Wife's motion for leave to amend to file a counterpetition for post-dissolution alimony where the motion was filed on the Friday before trial and would cause substantial prejudice to the opposing party. A court may deny
• Fletcher LEE Sanders v. Ulysses Peterson- Sanders
  321 So. 3d 802· Fla. 4th DCA· 2021-05-26 ·cited 3×
  The trial court's imposition of a lump sum equalizing payment must be accompanied by an express finding that the paying spouse has the ability to make the payment without substantially endangering his or her economic status, and the trial court must reconsider liabilities present
• Cleve Alexis Frederick v. State
  301 So. 3d 354· Fla. 2d DCA· 2021-05-21 ·cited 3×
  The appellate court reviewed a trial court's order denying a motion to modify bail conditions, specifically GPS monitoring costs. The court converted the petition to a writ of habeas corpus and ultimately denied relief, finding no abuse of discretion by the trial court.
• Tien v. Akerman LLP (and the terminated Akerman
  320 So. 3d 309· Fla. 3d DCA· 2021-05-05 ·cited 3×
  Summary judgment for the law firm was properly entered because a prior federal jury verdict established that the security guard's removal of the plaintiff was legally justified as self-defense, and the plaintiff failed to respond to the summary judgment motion or preserve his dis
• Kendrick v. Glover
  315 So. 3d 159· Fla. 1st DCA· 2021-04-09 ·cited 3×
  The appellate court reversed a domestic violence injunction, finding the evidence insufficient to prove stalking. The court held that the alleged actions, such as serving court documents at a new address and reporting potential false affidavits, served legitimate purposes and did
• Getts v. State
  313 So. 3d 964· Fla. 2d DCA· 2021-04-07 ·cited 3×
  The appellate court reversed a vehicular homicide conviction because the trial court improperly excluded evidence that the other driver involved in the fatal crash was intoxicated. This excluded evidence was relevant to the defendant's defense that the other driver's actions were
• Willingham v. State
  315 So. 3d 708· Fla. 4th DCA· 2021-03-31 ·cited 3×
  The trial court properly authenticated the surveillance video evidence through circumstantial evidence, eyewitness testimony, and corroborating details, and the mandatory life sentence under the PRR statute is constitutional and required by statute regardless of whether the predi
• Savannah Cap., LLC v. Pitisci
  313 So. 3d 953· Fla. 2d DCA· 2021-03-26 ·cited 3×
  The appellate court reversed a trial court's decision, finding it erred by issuing a protective order that prevented a deposition and by granting summary judgment before discovery was complete. This decision highlights the importance of allowing discovery to fully develop facts b
• SuVicMon Dev., Inc. v. Morrison
  991 F.3d 1213· 11th Cir.· 2021-03-25 ·cited 3×
  A fraudulent transfer action is a distinct claim from the underlying debt, and thus is not automatically non-dischargeable if the underlying debt is non-dischargeable. Furthermore, a debtor may not proceed nominally against a discharged debtor to recover from third parties unless
• Kemp Invs. N., LLC v. Kurtis Englert and Carol S. Geisler
  314 So. 3d 734· Fla. 5th DCA· 2021-03-25 ·cited 3×
  Kemp Investments North appealed a trial court's order disqualifying its counsel, Berry Walker, from representing it in a lawsuit against Carol Geisler and Kurtis Englert over title to property. The appellate court affirmed the disqualification based on a conflict of interest unde
• Wright v. State
  317 So. 3d 237· Fla. 3d DCA· 2021-03-03 ·cited 3×·via Abuse Of Discretion Standard For Trial Court Rulings
  The trial court properly admitted collateral crimes evidence to prove identity based on ballistic analysis linking the same firearm used in multiple robberies, and any evidentiary errors were harmless beyond a reasonable doubt given Wright's detailed recorded confession to the su
• Ace Funding Source, LLC v. A1 Transp. Network, Inc.
  314 So. 3d 726· Fla. 3d DCA· 2021-01-27 ·cited 3×
  Attorney correspondence between parties prior to entry of a clerk's default, which informs the plaintiff of the defendant's intent to contest the claim, constitutes a 'paper' under Florida Rule of Civil Procedure 1.500(a), and therefore a clerk's default entered despite such corr
• State v. Joaquim Borges Carreira III
  313 So. 3d 175· Fla. 1st DCA· 2021-01-15 ·cited 3×
  The appellate court reversed an Administrative Law Judge's (ALJ) denial of retroactive child support. The court found that the ALJ abused his discretion by not awarding retroactive support when there was sufficient evidence of the child's need and the father's ability to pay.
• City of Opa-Locka v. Suarez
  314 So. 3d 675· Fla. 3d DCA· 2021-01-13 ·cited 3×
  Certification of the water deposit class was reversed because plaintiffs lacked standing to proceed, having suffered no injury while continuing water service and remaining entitled to refunds only upon discontinuance. Certification of the overbilled class was affirmed because pla
• Richardson v. State
  310 So. 3d 1096· Fla. 1st DCA· 2020-12-30 ·cited 3×
  The appellate court affirmed a defendant's convictions and sentences, rejecting his claims of fundamental error regarding the trial court's handling of his self-representation during sentencing and the brief absence of standby counsel. The court found the trial court adequately i
• Cabrera v. Wal-Mart Stores E., LP
  314 So. 3d 570· Fla. 3d DCA· 2020-12-16 ·cited 3×
  When a jury awards past medical expenses in a negligence case and trial evidence substantially establishes that the plaintiff suffered noneconomic damages, a verdict awarding zero past noneconomic damages is inadequate as a matter of law and warrants additur or new trial. Future
• Express Damage Restoration LLC v. First Cmty. Ins. Co.
  45 Fla. L. Weekly D879· Fla. 3d DCA· 2020-12-09 ·cited 3×
  Express Damage Restoration, LLC sought declaratory judgment against First Community Insurance Company regarding whether invoices for water mitigation services were subject to appraisal under the insurance policy. The trial court dismissed the complaint without entering a declarat
• State v. Torres
  304 So. 3d 781· Fla. 4th DCA· 2020-10-07 ·cited 3×
  Text messages received through the Kik application were sufficiently authenticated for admission where the victim testified to the sender's identity based on the messages' distinctive content, the sender's use of a family nickname, and references to facts known only to the victim
• Neapolitan Enters. v. Fishman
  303 So. 3d 1258· Fla. 2d DCA· 2020-09-30 ·cited 3×
  A party seeking relief from judgment based on newly discovered evidence must affirmatively establish that despite exercising due diligence, the evidence could not have been discovered in time to move for a new trial; merely showing that evidence was not discovered until after tri
• Miami-Dade Cnty. v. Faye Davis
  307 So. 3d 883· Fla. 3d DCA· 2020-09-23 ·cited 3×
  The appellate court reversed a trial court's order that granted a directed verdict and a new trial in favor of an employee who alleged racial and gender discrimination and retaliation. The appellate court found that the jury's verdict in favor of the employer was supported by the
• Moultrop v. Geico Gen. Ins. Co.
  304 So. 3d 1· Fla. 4th DCA· 2020-09-09 ·cited 3×
  Plaintiffs appealed the dismissal of the wife's loss of consortium claim and an adverse bad faith verdict against their uninsured motorist carrier. The court reversed and remanded for a new trial, finding error in admitting the UM carrier's mediation settlement demand note and al
• Island Travel & Tours Ltd. Co. v. Myr Indep., Inc.
  45 Fla. L. Weekly D704· Fla. 3d DCA· 2020-09-02 ·cited 3×
  This case involves an appeal by defendants (Island Travel & Tours Ltd., Co., et al.) against orders granting the plaintiff (MYR Independent, Inc.) attorney's fees based on settlement proposals and denying the defendants' motion for fees under the civil theft statute. The appellat
• Gonzalez v. State
  306 So. 3d 1124· Fla. 3d DCA· 2020-08-26 ·cited 3×
  The appellate court reversed convictions and sentences for aggravated burglary, armed kidnapping, attempted murder, and firearm possession by a felon. The court found that admitting photographs of a glove found in a van, failing to submit the felon-in-possession charge to the jur
• Jacobs v. Jacques
  310 So. 3d 1018· Fla. 2d DCA· 2020-08-12 ·cited 3×
  The appellate court reversed a postdissolution contempt order and attorney's fee award because the trial court failed to make the required written findings. The court remanded the case for the trial court to enter a proper order with the necessary findings.
• Romero v. State
  300 So. 3d 794· Fla. 5th DCA· 2020-07-23 ·cited 3×
  Carlos Romero appeals the revocation of his probation after being found guilty of willfully trespassing on property he had been warned away from the previous day. The majority affirms, finding the trial court's credibility finding and conclusion of willful violation supported by
• Katherine A. Singer N/ K/ a Katherine A. Eichler v. Singer
  302 So. 3d 955· Fla. 2d DCA· 2020-06-03 ·cited 3×
  A trial court abuses its discretion by denying a motion to reopen evidence under Florida Family Law Rule of Procedure 12.530(a) when the movant acts promptly after material events occur between oral pronouncement and entry of written judgment, the evidence directly affects financ